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Show NEWS Sept. 77. 199) H.Hlcp Times j Court cases help clarify fraternization by Gary Hatch for disobeying the regulation itself, Probasco said. Instead, it is a simple statement of customs and Hilltop Times editor l The dismissal of Capt. Spencer D. Wales on Sept. 18 is the most recent in a series of difficult cases involving fraternization in the Air Force, according to officials at the Hill AFB Staff Judge Advocate. These cases follow a decision in 1985 which held that customs and practices aimed at preventing fraternization had almost disappeared from the Air Force, said Capt. Kevin C. Probasco, assistant staff judge advocate. Since an officer cannot be convicted of fraternization without proof that the officer's conduct violated a custom or practice, that decision commonly known as the Johanns decision made it hard for the government to obtain a conviction of fraternization. To remedy the problem, the Air Force published in April 1990. Regulation The regulation attempts to balance healthy professional relationships between the officer and enlisted ranks and discourage personal conduct that might harm good order and discipline, Probasco said. The regulation states it is improper for officers to date enlisted members, share their living quarters or go with them on personal vacations or weekend trips. Officers are also forbidden to "attend social gatherings, gamble with or frequent clubs, bars or theaters on a personal, social basis with en- 66 court-martia- In most cases, adultery is still sufficient to support a conviction for conduct unbecoming an officer regardless of the military status of the officer's partner in the offense. But when the officer's partner is an enlisted member under the officer's command or supervision, a conviction for an additional charge of fraternization is almost assured. 35-6- 2 off-bas- e listed members." It does not prevent "participation by members of all grades in organizational activities, base intramural, interservice and intraservice athletic com- - 99 Copt. Ktvin C. Probasco Assistant staff judge odvocate petitions, unit sponsored events, religious activities, community welfare projects and youth programs." The regulation also takes into account marriages that currently exist between officers and enlisted members. The regulation allows for these marriages while seeking to discourage relationships that might lead to new officer-enlistemarriages. strict the language, Despite regulation is not a punitive regulation an officer cannot be prosecuted d Military practices designed to define fraternization. The regulation makes it easier for the government to charge and prove an offense when fraternization takes place. Probasco said. Court-martiaction is not usually the first action taken to stop fraternization. Commanders are expected to try to correct the problem informally first by counseling with the officer. Counseling may be followed by reprimands and other administrative actions. al But when administrative actions fail to do the job, or when the case is very serious to begin with, l punishment through Article 15 or a may be the only answer, Probasco said. In all cases, commanders are expected to apply the rules sensibly and wisely, keeping in mind the need to preserve good order and discipline, he said. Fraternization is an offense only an officer can commit. Usually the enlisted member with whom an officer fraternizes is guilty of no offense. This is not true when the enlisted member violates some other law. For example, in Wales' case, the staff sergeant could have faced adultery charges for her part in the affair. "Wales' case is a good example of the kind of fraternization case that will usually be dealt with severely as soon as it is discovered," Probasco said. "In most cases, adultery is still sufficient to support a conviction for conduct unbecoming an officer regardless of the military status of the officer's partner in the offense," he said. "But when the officer's partner is an enlisted member under the officer's command or supervision, a conviction for an additional charge of fraternization is almost assured." court-martia- Civilian Personnel - Convenient and Quick Gash!! Cash for personal needs, vacations, etc. W UP Military ID or Civilian ID T $200 INSTANYL VU and Post Dated Check is all you need. IF YOU NEED INSTANT CASH, COME SEE US AT Hz M f& ttft StZ! frr 1 ouu W - A AT API ITII I- tAdi AT tmiLtr oi. OPEN MON.-THUR- S. , lrO - (msiae Layron 10 TO 5 SAT. 12 TO 4 Mini-Ma- nj FRI. I A VTNKI I IT A I I lmtiuiv, uimh 10 TO 5:30 liiHiiifflilii mm CLASSIFIEDS WORK! fcTlr |